Political Sphere's Full-Scale Discussion on 'Expansion of Espionage Charges'... The Key is Ruling and Opposition Cooperation

NIS "Introduction of Foreign Agent Law and Expansion of Espionage Crime"
Ruling and Opposition Parties Propose Amendment Changing Espionage Crime Standard from 'Enemy State' to 'Foreign Country'
21st Democratic Party Blocks, Agreement Needed

Following the so-called 'Sumi Terry' incident, discussions have begun in South Korea about the need to enhance its counterintelligence system. The National Intelligence Service (NIS) plans to introduce a 'Korean-style Foreign Agent Registration Act' and expand the scope of espionage charges, which have been limited to 'enemy states' for 70 years, to include 'foreign countries' in line with international trends. Both ruling and opposition parties share this sentiment, drawing attention to whether a consensus can be reached in the 22nd National Assembly.

According to the National Assembly Intelligence Committee on the 30th, Director Cho Tae-yong reported this policy during a closed-door briefing on current intelligence issues the previous day. As part of strengthening the NIS's external intelligence capabilities, the agency intends to enact the Foreign Agent Registration Act and pursue amendments to the Criminal Act to broaden the scope of espionage charges. Park Seon-won, the opposition party's secretary of the Intelligence Committee and a member of the Democratic Party of Korea, said there is "no significant difference in stance between the ruling and opposition parties" regarding this policy.

Seoul Seocho-gu Naegok-dong National Intelligence Service building. [Image source=Yonhap News]

Discussions on expanding the scope of espionage charges began in the early 2000s. Article 98, Paragraph 1 of the current Criminal Act stipulates that "anyone who spies for an enemy state or aids an enemy state's spy shall be punished by death, life imprisonment, or imprisonment for not less than seven years." The clause specifying 'enemy state' has remained unchanged since the law was enacted in 1953, and the concept of enemy state applies only to North Korea. This means there is no legal mechanism to curb espionage activities conducted for foreign countries such as the United States, Japan, or China, as long as they are not North Korea. Although there was political consensus, related bills failed to pass the National Assembly.

On the same day, Han Dong-hoon, leader of the People Power Party, emphasized the need to amend the espionage law by posting on Facebook, "Who blocked the amendment to change 'enemy state' to 'foreign country' in the espionage law, and why?" He referred to a recent case where a civilian employee of the Military Intelligence Command leaked confidential information, including the identities of HUMINT (human intelligence) agents, through a Chinese national of Korean descent (Joseonjok), stating, "Such incidents have actually occurred, but absurdly, they cannot be punished under our espionage law," and pointed out, "Our espionage law targets only North Korea as the 'enemy state.'"

Looking at overseas legislative examples, there is a trend to broadly define espionage and respond strongly. According to Title 18, Chapter 37 of the U.S. Code, espionage charges apply to cases involving obtaining information to be used for the benefit of a foreign country or transmitting defense-related information to foreign governments, factions, or political parties, with penalties up to the death sentence. Article 110 of the Chinese Criminal Law punishes those who join espionage organizations or are assigned espionage tasks with life imprisonment or imprisonment of not less than ten years. The same sentencing standards apply to offenses such as theft, reconnaissance, or bribery of information for organizations or entities outside the national borders.

In the 22nd National Assembly, both ruling and opposition parties have proposed amendments to the Criminal Act. Representative Joo Ho-young from the People Power Party and Representatives Jang Kyung-tae and Wi Seong-rak from the Democratic Party have each introduced bills aiming to expand the scope of espionage charges from 'enemy state' to 'foreign countries, etc.' Im Jong-deuk, a People Power Party member and former deputy director of the National Security Office, also introduced a military criminal law amendment the previous day to expand the criteria for espionage charges such as military secret leaks from 'enemy state' to 'foreign country.'

On the 23rd, Representative Park Seon-won submitted a bill introducing the concept of the Foreign Agent Registration Act. The bill establishes provisions to punish those who exert influence or interfere in policy or diplomatic matters on behalf of an enemy state or foreign country. Although this provision alone cannot verify what instructions or compensation a 'foreign agent' received from foreign governments or political parties, it is expected to strengthen discussions on the need to enact the Foreign Agent Registration Act.

Although both ruling and opposition parties have submitted bills with the same intent, reaching a consensus remains a different matter. In the 21st National Assembly, four such espionage law amendment bills were introduced across parties but were all discarded. Three of those bills were proposed by the Democratic Party, which itself put the brakes on the bills during the review process. Some Democratic Party members opposed the expansion of espionage charges, citing concerns that the scope of punishable offenses could become excessively broad.

A ruling party official said, "Even if there is consensus on enacting or amending the law, finding political agreement in a situation where the ruling party holds fewer seats than the opposition is another matter," adding, "It is difficult to predict when a discussion table will be set, but given that this is an urgent national security issue, a grand consensus will be necessary."

Meanwhile, the Foreign Agent Registration Act (FARA) requires individuals or organizations intending to engage in activities that could influence policy or public opinion to register with the Ministry of Justice. While it does not restrict activities, it mandates regular reporting of activities related to the country they represent. Recently, the U.S. Department of Justice indicted Sumi Terry, a former CIA officer and senior fellow at the Council on Foreign Relations (CFR), for violating this law. South Korea is also discussing the need to introduce FARA to investigate and punish incidents such as the Chinese secret police case that surfaced at the end of 2022 and recent leaks of intelligence from the Military Intelligence Command.

This content was produced with the assistance of AI translation services.